A. Upon the filing of an application for a sexually oriented business employee license, the Director shall issue a temporary license to said applicant. The application shall then be referred to the appropriate City departments for investigation to be made on the information contained in the application. The application process shall be completed within 45 days from the date of the completed application.
(1) After the investigation, the Director shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) The applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(b) The applicant is under the age of 21 years.
(c) The applicant has been convicted of a "specified criminal activity" as defined in § 473-102, Definitions, of this chapter.
(d) The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule, or regulation, or prohibited by a particular provision of this chapter.
(e) The applicant has had a sexually oriented business employee license revoked by the City within two years of the date of the current application.
(2) If the sexually oriented business employee license is denied, the temporary license previously issued is immediately rendered null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as forth in Subsection I of this section.
B. A license issued pursuant to Subsection A of this section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. While engaged in employment or performing services on the sexually oriented business premises, an employee shall, at all times, possess the license in such manner as to be available for immediate inspection upon lawful request.
C. A license issued pursuant to Subsection A of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any "specified criminal activity" as defined in this chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 45 days of the completed application. The renewal of a license shall be subject to the fee as set forth in § 473-106. Nonrenewal of a license shall be subject to appeal as set forth in Subsection I of this section.
D. If application is made for a sexually oriented business operator's license, the Director shall approve or deny issuance of the license within 45 days of receipt of the completed application. The Director shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) An applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(2) An applicant is under the age of 21 years.
(3) An applicant has been denied a license by the City to operate a sexually oriented business within the preceding 12 months, or whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
(4) An applicant is overdue in payment to the City for taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to the sexually oriented business for which license is sought, or the property on which the sexually oriented business is located or will be located.
(5) An applicant has been convicted of a "specified criminal activity" as defined in § 473-102, Definitions.
(6) The premises to be used for the sexually oriented business have not been approved by the Health Department, Building Department, and Zoning Department as being in compliance with applicable laws and ordinances, if such approval is required under other sections of this chapter.
(7) The license fee required under this chapter has not been paid.
(8) An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this chapter.
E. A license issued pursuant to Subsection D of this section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the § 473-103 classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
F. If so required under other sections of this chapter, the Health Department, Building Department, and Zoning Department shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the completed application by the Director. The certification shall be promptly presented to the Director. Failure of an appropriate department to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in Subsection D. (In the event the Director fails to render a decision on the application within the time specified herein, the operator shall be permitted to commence operation of the business.)
G. A sexually oriented business license shall issue for only one of the classifications as set forth in § 473-103 per applicant.
H. In the event that the Director determines that an applicant is not eligible for a sexually oriented operator's license, the applicant shall be given notice in writing of the reasons for the denial within 45 days of the receipt of the completed application by the Director, provided that the applicant may request, in writing, at any time before the notice is issued, that such period be extended for an additional period of not more than 10 days in order to make modifications necessary to comply with this chapter.
I. An applicant may appeal the decision of the Director regarding a denial to the City Council by filing a written notice of appeal with the City Clerk within 10 days after service of notice upon the applicant of the Director's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. Simultaneously with the filing of the written notice of appeal and/or memorandum, the applicant shall serve a copy of these documents upon the Director. The Director may, within 15 days of service upon him of the applicant's written notice/memorandum, submit a responsive memorandum to the City Council. The City Council shall hear any appeal of a denial of a permit or renewal permit at a public hearing and render a decision within 30 days of receiving the notice of appeal. Notice of the public hearing shall appear in at least one newspaper of general circulation in the City, including the time, date, and place of the hearing, once a week for two weeks immediately preceding the hearing.
J. A license issued pursuant to Subsection D of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any "specified criminal activity" as defined in this chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 45 days of the completed application. The renewal of a license shall be subject to the fee as set forth in § 473-106.